Official Contest Rules And Regulations

1. KEY DATES:

The Bombay Sapphire Sunset Spanish Getaway Contest (the “Contest”) begins on June 24, 2024 at 12:00 a.m. Eastern Time (“ET”) and ends on August 31, 2024 at 11:59 p.m. ET (the “Contest Period”).

2. ELIGIBILITY TO ENTER:

The Contest is open only to residents of Canada (excluding Quebec, New Brunswick, Yukon and Northwest Territories) who are nineteen (19) years of age or older at the time of entry. Despite the foregoing, the following are not eligible to enter the Contest or win: (i) employees, representatives and agents (and those with whom such persons are living, whether related or not, and their immediate family members) of Bacardi Canada Inc. (the “Sponsor”) its parent companies, subsidiaries, affiliates, distributors, prize suppliers/issuers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Contest (collectively, the “Contest Parties”); and, (ii) employees and contractors (and members of their immediate families) of the provincial liquor agencies and liquor licensees.

For certainty, entrants must be of legal drinking age to participate. The provincial liquor agencies are not connected with this contest in any manner whatsoever, and are not liable in any way whatsoever in regard to any matter which relates to the contest.

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. HOW TO ENTER:

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. FOR CERTAINTY, NO PURCHASE OF A LIQUOR PRODUCT IS REQUIRED TO ENTER OR WIN.

• To enter, during the Contest Period go to bombaysunsetcontest.ca (the “Website”) and follow the on-screen instructions to obtain the official Contest entry form (the “Entry Form”). Fully complete the Entry Form with all required information, which will include a requirement to: (i) enter your full name, complete mailing address (including postal code), valid email address and telephone number; and (ii) correctly answer, without mechanical or other aid, the following mathematical skill-testing question (in accordance with the on-screen instructions provided): (2×4) + (6 ÷ 2) – 5; for certainty, this question must be answered correctly in order to enter the Contest. Once you have fully completed the Entry Form with all required information, follow the on-screen instructions to submit your completed Entry Form (an “Entry”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period.

To be eligible, your Entry must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) include all required components and materials noted above; and, (iii) be in accordance with these Rules, including, but not limited to, the specific Participation Requirements listed below (all as determined by the Sponsor in its sole and absolute discretion). Standard data rates apply to participants who choose to participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation.

5. ENTRY LIMIT AND CONDITIONS:

There is a limit of one (1) Entry per person and email address. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, identities, e-mail addresses, and/or use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; and/or (iii) disrupt or participate in the Contest in any other fraudulent or misleading way, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries, Entry Forms and/or any other Contest-related information (collectively, “Contest-Related Information”), all of which are void.

An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry is not in compliance with these Rules (including, but not limited to, the specific Participation Requirements listed below), all as determined by the Sponsor in its sole and absolute discretion.

6. VERIFICATION:

All Contest-Related Information and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Contest-Related Information and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Contest will be the official time-keeping device(s) used by the Sponsor.

7. PARTICIPATION REQUIREMENTS:

BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY PARTICIPATING IN THIS CONTEST, YOU ALSO AGREE THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.

By participating in the Contest, each entrant hereby warrants and represents that any Contest-related Information he/she submits does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence, and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.

8. PRIZE:

There is one (1) prize (the “Prize”) available to be won, consisting of: (i) one (1) $13,000 CAD travel voucher (issuer determined at the Sponsor’s sole and absolute discretion), to use towards the purchase of a trip to Barcelona, Spain (the “Destination City”) for two (2) people (the confirmed winner and one (1) guest; guest must be 19+); and (ii) one (1) $2,000 CAD prepaid credit card, for the confirmed winner to use towards purchases during the trip. The total approximate retail value of the Prize is $15,000 CAD.

Without limiting the foregoing, the following general conditions apply to the Prize: (i) prepaid credit card and travel voucher are subject to all terms and conditions as stated by the applicable issuer; (ii) the travel voucher must be redeemed through the applicable issuer and is only valid for the value set out above; (iii) the Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (iv) no substitutions except at Sponsor’s option; (v) as applicable, all travel related to the trip must be completed on or by the date(s) specified by Sponsor in its sole and absolute discretion (in the event that such dates are specified and the confirmed winner is unable to claim the Prize or any portion thereof during such time, the Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, the Sponsor is not obligated to offer any substitute prizing in its place); (vi) the confirmed winner and their guest must: (a) travel on same itinerary; (b) have all necessary documentation to permit travel and participate in the Prize; and (c) must not have any legal barrier to travel to, and return from, the Destination City; (vii) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and their guest, including without limitation, the cost of any travel expenses that exceed the value of the travel voucher component of the prize or that are not covered by the travel voucher component of the prize (for example, without limitation, transportation for the confirmed winner and their guest to and from the applicable departure airport and/or other ground transportation), travel or medial insurance costs, food expenses, incidental travel expenses, items of a personal nature and other fees (NOTE: the confirmed winner and his/her guests may be required to present a valid major credit card in their name at the time of hotel check-in to cover any incidental hotel expenses or damages); (viii) if the confirmed winner and their guest do not utilize any part(s) of the Prize for any reason, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (ix) Sponsor reserves the right (but for certainty, has no obligation) at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award (including without limitation if the fulfilment of the Prize, or any part thereof, is rendered impossible, infeasible, unsafe or impractical for any reason), all as determined by the Sponsor in its sole and absolute discretion; (x) by accepting the Prize, the confirmed winner and their guest agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; (xi) neither Sponsor nor any of its prize suppliers will replace any lost or stolen tickets, cards or vouchers; (xii) the confirmed winner’s guest must: (a) be a Canadian resident that is nineteen (19) years of age or older; and (b) may be required, at the Sponsor’s sole discretion, to sign and return the Sponsor’s release (by the date indicated on the release form) indicating that they waive all recourse against the Released Parties relating to their participation in the Prize (including, without limitation, any travel related thereto); (xiii) any difference between the actual value of the Prize and its stated approximate retail value will not be awarded; (xiv) all characteristics and features of the Prize (and of each Prize element), except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion; (xv) precise travel arrangements are subject to any applicable blackout dates that may apply, space and availability; (xvi) the Released Parties will not be in any way responsible (and for greater certainty, are not obligated to offer any substitute prizing) in the event that any part of the Prize is delayed, postponed, re-scheduled or cancelled for any reason whatsoever (including, without limitation, due to illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to such illness or risks, such as, without limitation, those that may be implemented to mitigate COVID-19 transmission, or due to any other cause of any kind or nature whatsoever); (xvii) the Sponsor reserves the right to change any of the Prize dates, as applicable, and/or Prize description at its sole and absolute discretion; and, (xviii) by participating in the Prize, the winner and their guest: (a) signify that they understand, acknowledge and accept that participation in the Prize may involve danger and/or exposure to risks and hazards (including without limitation as may be due to the inherent risks of travel and as may be due to possible COVID-19 exposure or infection), whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he/she may suffer damage to personal property, serious personal injury, illness or even death; (b) signify that they acknowledge and agree that the Released Parties have not made any warranties, guarantees or representations about their safety while participating in the Prize; and (c) warrants and represents that they have evaluated the nature, scope, and extent of the risks involved, and freely and voluntarily agree and assume any and all such risks arising out of or connected with their participation in the Prize.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.  For greater certainty and the avoidance of any doubt, by accepting a Prize, a confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

9. ELIGIBLE WINNER SELECTION PROCESS:

On September 6, 2024 (the “Selection Date”) in Toronto, Ontario at approximately 12:00 p.m. ET, the Sponsor will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period to select the potential Prize winner. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.

10. ELIGIBLE WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of two (2) attempts to contact the potential winner within five (5) business days of the Selection Date via email. A potential winner is solely responsible for ensuring he/she is able to receive such notification messages, monitoring for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion).

11. ELIGIBLE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  Before being declared A CONFIRMED PRIZE winner, the potential winner may (at the Sponsor’s sole and absolute discretion) be required to sign and return within two (2) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof, including any travel related thereto; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Contest-Related Information or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in perpetuity throughout the world in any manner or medium whatsoever, including print, broadcast or the internet.

If the potential winner: (a) cannot be contacted as set out set out above, or if there is a return of a notification as undeliverable; (b) fails to return the properly executed Contest documents within the specified time, as applicable; (c) cannot accept (or is unwilling to accept) a Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate potential winner in accordance with the procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).

12. GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial/territorial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest, including without limitation the eligibility of entrants or any Contest-Related Information, are final and binding on all entrants without right of appeal.

ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

All Contest-Related Information becomes the property of the Sponsor. The Released Parties will not be liable for: (i) any failure of the Website or any other any website or platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Contest-Related Information, winner notification message and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend the Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend the Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance of any entrants, Contest-Related Information and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with the Sponsor’s privacy policy (available at: https://www.bacardi.com/ca/en/privacy-policy/). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, the Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.